Turkish Country – Coded Domain Name System on the Eve of a New Era – Intellectual Property

• The long-awaited TRABIS system, which replaces the Nic TR system, will come into effect in the near future




• The most important change is that extensions such as ‘com.tr’, ‘org.tr’, ‘net.tr’ will be assigned on a ‘first come, first served’ basis




• A new dispute resolution mechanism is expected to come into force

Since 1998, Nic TR, under the aegis of the Middle East Technical University, has been authorized by ICANN to register and manage ‘.tr’ domain names. Recently, it was announced that the long-awaited TRABIS system, which replaces the Nic TR system, will come into effect in the near future. This will bring significant changes to the assignment and transfer of domain names and the resolution of disputes.

Key changes

The most important change will be that extensions such as ‘com.tr’, ‘org.tr’, ‘net.tr’ will be assigned without the need to provide a document proving the applicant’s rights. In other words, as is the case for generic domain name extensions such as ‘.com’, ‘.org’. or ‘.net’, these extensions will also be allocated on a ‘first come, first served’ basis. This new principle may lead to the unauthorized registration of domain names not yet acquired by the true owners of the mark.

In addition, unlike the old system, the new system authorizes transactions for the sale of domain names. Sales of domain names will be possible three years after the entry into force of the TRABIS system. Thus, if third parties unrelated to the trademark holders acquire domain names, they can resell them to anyone after three years.

Finally, once the TRABIS system is in place, a new dispute resolution mechanism will come into effect; the Information and Communication Technology Authority will provide details of this new system as they become available.

Comment

With the entry into force of TRABIS, a new era will begin in the management and allocation of ‘.tr’ domain names. The number of disputes is expected to increase due to the use of the “first come, first served” principle, with domain names being assigned without any documentation. Although it is believed that the adoption of arbitration as part of the new dispute resolution system will help resolve disputes quickly and efficiently, trademark owners may consider obtaining “com.tr for their primary marks and/or track the use of their marks through unauthorized domain name registrations by taking timely action.

First published by WTR on February 02, 2022

The content of this article is intended to provide a general guide on the subject. Specialist advice should be sought regarding your particular situation.